Alaska Statute of Limitations Personal Injury
Those who are seeking compensation for personal injuries should know the Alaska Statute of Limitations for personal injury. Learn more here.
Alaska Statute of Limitations Personal Injury
When an individual suffers an injury due to another person’s fault, they may be eligible to file a lawsuit and seek compensation for damages they have suffered. However, a claim has to be filed within a reasonable period of time called the statute of limitations.
The goal of the statute of limitations is for meritorious lawsuits to be filed while the memories of the accident that has occurred haven’t been clouded by time and the evidence of everything that happened is still fresh.
If you are injured in Alaska, the ideal way to move forward is to reach out to the best personal injury lawyer you can find to ensure the best chance of being compensated for your damages. If you fail to bring your case to court within the set time frame, you probably won’t be able to file a lawsuit at all unless your case falls within one of the exceptions.
What Is a Discovery Rule and Is There a Limit on Personal Injury Claims?
Every U.S. state has a specific time limit for filing a personal injury claim. In Alaska, the statute of limitations on these types of claims is two years from the date of the injury.
For example, if you were hurt in a vehicle accident due to another person’s fault, in most cases, you have two years from the date of the accident to file a claim and get compensation for your damages. Any claims filed after the statute of limitation will be thrown out.
Regarding medical malpractice cases, the statute of limitations is the same – two years. The clock sets from the date an individual suffered harm from a negligent doctor or a healthcare provider.
But, in some cases, the injured party may not be aware they were harmed until some time has passed. In that particular situation, the statute of limitations doesn’t begin until a point when a reasonable person in similar circumstances would have enough information to know that they might have a cause to file a medical malpractice claim.
In other words, if an injured person learns after a year that the doctor has made a mistake during their treatment, the statute of limitations would start running at that point when the mistake was discovered. That is called the discovery rule.
So, if a person is not aware they were harmed, the discovery rule is applied and the two years start running from the date the plaintiff discovers the injuries.
How Long Can a Personal Injury Lawsuit Last?
No one can tell you with certainty how long your personal injury case may last. The whole process involves many stages, starting from negotiations between your chosen personal injury lawyer and the lawyer of the at-fault party.
If the settlement talks stall or attorneys can’t agree, the case moves to litigation, and your personal injury attorney files a lawsuit in court. It may take up to two years for injury cases to get to trial. Even then, you can’t be sure whether the whole process would end in a day or several weeks.
Injured people may want to settle their case quickly, but that usually means accepting a lesser settlement. Even if you are considering this option, you should nevertheless contact an experienced personal injury lawyer to learn the risks of a quick settlement.
Although prior results don’t guarantee success, Alaska Accident and Injury Law Center has collected millions of dollars on behalf of injured people in Alaska. The main goal of our law firm is simple: make sure to recover the maximum compensation available for our client’s losses.
What You Need to Know About the Statute of Limitations for Personal Injury in Alaska
Time limits that impact an individual’s right to pursue compensation are a consequence of Alaska’s civil statute of limitations. This set of time limits requires that plaintiffs file injury claims within a certain limitations period to be eligible to obtain compensation.
Claims filed after the two-year deadline, in most injury cases, would be thrown out. These deadlines apply to vehicle accident claims, accidents with no injuries but with property damage, as well as wrongful death claims.
Recoverable damages include, among others, lost wages, medical bills, pain and suffering, and, in some cases, punitive damages.
It’s not your fault if you are injured by another negligent person, and it shouldn’t cost you money.
The founding attorney of our law firm, Sean Brown, has been practicing personal injury law for over 20 years. His knowledge of state laws has equipped him with the necessary skills to win even the most challenging accident & injury cases.
Exceptions to the Alaska Statute of Limitations on Personal Injury
Certain circumstances and fairness dictate that the statute of limitations period has to be delayed for some time. For example, the plaintiff may not know she or he has been injured, so the deadline won’t begin until they discover their injuries.
Plaintiff may also be unable to pursue the personal injury case due to filing for bankruptcy protection.
There are other instances when the statute of limitations in Alaska can be tolled. For example, the time limit for filing an Alaska personal injury claim may also be suspended if the injured person is a minor at the time the injury occurs. In some cases, the statute of limitations in Alaska may not begin to run until they reach the age of 18.
The State of Alaska also has special rules when children suffer injuries. If the child is younger than 8, the statute of limitations doesn’t begin until his or her eighth birthday.
If the injured party is incompetent because of mental disability or mental illness, the deadline for filing an Alaska personal injury lawsuit can also be suspended for two years.
However, individuals who have a disability or are under the age of majority when the injury occurs should bear in mind that there is a secondary deadline in Alaska called the Statute of Repose. This law states all these actions must be brought within ten years of the date of the injury, and it can’t be tolled. So if a plaintiff misses this deadline, they may not be able to obtain compensation for their injuries.
If you think the statute of limitations is coming close in your case, hiring a skilled and competent personal injury attorney in Alaska could be of great assistance. Reach out to our law firm, and we’ll start with a free evaluation of your case.